Case Study: Jerry and Mandy separated 4 years ago. They briefly reconciled around 2 years ago but permanently separated a few days later. There is one child of the relationship, Jonny who is 2 years old. Mandy has been pressuring Jerry to take on more responsibility for Jonny, but he does not believe he is the father. This article covers how to establish paternity when you have doubts.
How to Establish Paternity
There are many reasons why it may be necessary to know how to establish paternity and it is very important that, where possible, this is done as soon as the doubt arises. As a parent of a child, there are legal rights and responsibilities which you will have for the child such as making decisions in relation to the child’s education, health, and welfare as well as inheritance rights implications. Establishing Jonny’s paternity could allow you play a more meaningful role in his life.
Even if you know that you are not the biological parent of a child, you may still wish to maintain a primary role of Father in the child’s life. Paternity should still be established as there may be genetic conditions that the child may be at risk of but unaware of. Having an accurate medical profile for the child can mean the right advice and treatment can be provided to ensure the child has the best chances of remaining safe and healthy.
Alternatively, you may not wish to be a part of Jonny’s life due to your paternity doubts and if you are being pursued for child maintenance, it is important to get clarification as this is a statutory liability which must be paid by the non-resident parent.
There are several ways you could establish the paternity of a child such as:
- Voluntarily agree the Paternity. This would involve you acknowledging your paternity by agreeing to be named on Jonny’s birth certificate or signing a Statutory Declaration of Acknowledgement by agreement.
- Undertake DNA testing. This can be voluntary or Court ordered and will involve the collection of DNA samples from the child and father. There is a cost involved to obtain DNA testing so you would need to agree how the costs will be split or if you will pay for the DNA test yourself.
- Court application for a Declaration of Parentage. This is an application to the Court under Section 55A of the Family Law Act 1986, for a formal declaration of paternity.
You will have to follow a different process for each option. It is important to note that even if you are confirmed to be the biological parent of Jonny, you cannot be forced to be a part of his life or agree to the childcare arrangements if you do not want to. You will however be liable to pay child maintenance for the benefit of Jonny and Mandy can pursue this with the Child Maintenance Services if you refuse to pay.
About the Author
Irrum Shah is an Associate Solicitor Advocate in our Family department. Irrum has extensive experience in representing and advising clients across all areas of private Family law, including Divorce and Separation, Shariah Law and a keen interest in Private Children matters. If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by calling 0333 240 7373, or email us at [email protected].
